The former trustees of Okavango Kopano Mokoro Community Trust (OKMCT) have defied a court order and are reportedly refusing to vacate their seats for a new board of trustees. This has resulted in the trust and the new trustees filing for a contempt of court seeking for the arrest and detainment of the ex trust members. In the latest filing for contempt of court, the trust and the new trustees’ arguments is that last week, Maun High Court judge Bugalo Maripe issued a ruling in which he dismissed the old trustees’ application which challenged their removal from office.
The judge also ordered that they vacate the offices for the new trustees, but as it stands the old board has defied the ruling. They remain in their offices making the job of the new members difficult and also interfering with service delivery for the community that forms part of the concession. “The ousted board be held in contempt of court and be imprisoned under the custody of the Commissioner of Prisons for a period deemed appropriate by the court, which can be suspended if they comply,” said the trust and trustees. The trust wants the former trustees or any other person to be directed to comply with the judgment and refrain from obstructing the execution of the order. Further, the trust request the police and Botswana Defence Force to provide assistance with the execution of the order to ensure compliance by providing physical assistance and the enforcement of the judgment, ensuring the safety and security of the persons executing the judgment. “The law enforcement are expected to remove any person unlawfully obstructing the execution of the judgment and to use reasonable force if need be,” reads the contempt papers. The contempt papers filed on Tuesday come after the Maun High Court confirmed the removal of the board of trustees last week Friday in one of the many court battles between the warring factions Judge Maripe dismissed an interdict application of the ousted members of the OKMCT board of trustees following their removal through a motion of no confidence at a special general meeting (SGM).
The ruling came following reports of ongoing battle for the control of the trust from warring factions. According to the ruling, the nine members board of trustees were removed and filed an urgent application challenging their removal by the trust and other members who assumed duties of the new board of trustees. Judge Maripe, when dismissing the application, said there was no dispute that the ousted members received the notice or request for SGM. So they were aware there was going to be an SGM and the chief purpose of which was their removal as trustees, he noted. "They did not attend, their hope being that their absence would collapse the meeting. This was ill advised. Further they knew they had been removed from office through a resolution adopted at SGM and their awareness of the demands for them to vacate office and give way to elected trustees is also evident," Maripe said.
The judge had also explained that the ex members knew about the demands to vacate the office, but did nothing to stop that and that they knew all along that the other party wanted to take over office. Meanwhile, the trust apparently resides in court and is used as a platform by various warring factions of its membership or beneficiaries to take control of the management of its affairs. And in the removal of the trustees, the parties trace the background to the skirmishes characterised by resignation and dismissals of some trustees. The warring factions are said to be fighting for the life and soul of the trust with the new elected trustees having always questioned the authority of the old trustees to hold office.
